scholarly journals Should gains from criminal knowledge be forfeited?

2021 ◽  
Author(s):  
Kamil Mamak ◽  
Agnieszka Barczak-Oplustil ◽  
Daniel Kwiatkowski ◽  
Mikołaj Małecki ◽  
Dominik Zając
Keyword(s):  
Moral Principle ◽  
Youtube Videos ◽  
Proceeds Of Crime ◽  
Significant Question

AbstractNobody should profit from crime; this fundamental moral principle is uncontroversial. At the level of public declaration, few people are likely to disagree with this statement; however, controversies arise when the implementation of this principle is under discussion. Numerous provisions exist that aim to strip criminals of the proceeds from their crimes, but not all aspects of this issue are immediately apparent. For example, a significant question is how to treat profits that a criminal makes from activities including recounting stories about their criminal activities, publishing books describing their actions, or creating YouTube videos presenting details about their crimes. Such profits are either treated as legitimate or are targeted by complicated legal methods of deprivation. The view presented in this paper could facilitate the ability to strip criminals from these forms of profit. This article argues that revenue accruing from knowledge gained from association with crime should be treated as indirect proceeds of crime and, as such, should be forfeited.

ANALISIS IMPLEMENTASI PENCEGAHAN PENCUCIAN UANG MENGGUNAKAN CUSTOMER DAN ENHACED DUE DILLIGENCE DI BANK SYARIAH MANDIRI JAKARTA

Paradigma ◽  
2020 ◽  
Vol 17 (1) ◽  
pp. 72-86
Author(s):  
Siti Noviatun ◽  
Isfandayani
Keyword(s):  
Money Laundering ◽  
Data Retrieval ◽  
Data Display ◽  
Suspicious Transaction ◽  
Qualitative Descriptive ◽  
Proceeds Of Crime ◽  
The Government ◽  
Transaction Services ◽  
Data Reductions ◽  
Descriptive Method

Abstract             The main fuction of the Bank as an funding and lending activities by offering various types of financial transaction services an attractive choice for people who do money laundering to hide money proceeds of crime. Because of that the government and Indonesian Banks make regulations related prevent money laundering that contains Customer Due Dilligence and Enhanced Due Dilligence. Bank Mandiri Syariah has implementation Customer Due Dilligence and Enhanced Due Dilligence as an effort to prevent money laundering. This analyze aims for knowing implementation Customer Due Dilligence and Enhanced Due Dilligence that has been applied by Bank Syariah Mandiri. In this study using a qualitative descriptive method. Data retrieval is done by observation, interviews and documentation to three sources of informants Bank Syariah Mandiri KCP Bekasi Timur and one sources of informants that specifically handles money laundering prevention program that is SKAP( Satuan Kerja APU PPT) Bank Mandiri Syariah. Data analysis will be done by doing three steps, they are; data reductions, data display, and verification.The observation result shows that implementation Customer Due Dilligence done at the time prospective customer open the account and the Bank doubt information customer by doing identification and verification. implementation Enhanced Due Dilligence is done to customers Politically Exposed Person/ High Risk open the account, but in practiceat Bank Syariah Mandiri KCP Bekasi Timur done when there is suspicious transaction or there is a case. Reporting process suspicious transaction through the system SIAP (System Aplikasi APU PPT) to Satuan Kerja APU PPT (SKAP) Bank Syariah Mandiri then SKAP reports to PPATK (Pusat Pelaporan Analisis Transaksi Keuangan). From implementation Customer Due Dilligence and Enhanced Due Dilligence Bank Mandiri Syariah has been prevent money laundering enter the financial system at Mandiri Sharia Bank.

Criminal Forfeiture under Kenya's Proceeds of Crime and Anti-Money Laundering Act: Nature and Challenges

2020 ◽  
Vol 28 (4) ◽  
pp. 657-676
Author(s):  
Constance Gikonyo
Keyword(s):  
Money Laundering ◽  
Present State ◽  
Complex Nature ◽  
Fair Process ◽  
Proceeds Of Crime ◽  
State Of Affairs ◽  
Substantive Law

Criminal forfeiture is an asset confiscation mechanism used to seize benefits gained from an offence that one is convicted of. In Kenya, the Proceeds of Crime and Anti-Money Laundering Act provides the facilitating legislation. The present state of the regime's underutilisation prompts an examination of the substantive law and procedure provided in this statute. The analysis indicates that the provisions are technical in nature and the process is systematic. This ensures that a procedurally and substantively fair process is undertaken, in keeping with constitutional provisions. Nonetheless, identified challenges, including the complex nature of the provisions, translate to unclear interpretation and consequently ineffective implementation. This state of affairs is reversible through increased understanding of the criminal forfeiture provisions and their operation. This can potentially lead to an upsurge in its use and facilitate depriving offenders of criminal gains, removing the incentive for crime and reducing proceeds available to fund criminal activities.

I Think We’re Alone Now

2020 ◽  
Vol 6 (4) ◽  
pp. 183-210
Author(s):  
Erin Nunoda
Keyword(s):  
Public Sphere ◽  
Digital Images ◽  
Empty Space ◽  
The Public ◽  
Youtube Videos ◽  
The Public Sphere

This article examines YouTube videos (primarily distributed by a user named Cecil Robert) that document so-called dead malls: unpopulated, unproductive, but not necessarily demolished consumerist sites that have proliferated in the wake of the 2008 recession. These works link digital images of mall interiors with pop-song remixes so as to re-create the experience of hearing a track while standing within the empty space; manipulating the songs’ audio frequencies heightens echo effects and fosters an impression of ghostly dislocation. This article argues that these videos locate a potentiality in abandoned mall spaces for the exploration of queer (non)relations. It suggests that the videos’ emphasis on lonely, unconsummated intimacies questions circuitous visions of the public sphere, participatory dynamics online, and the presumably conservative biopolitics (both at its height and in its memorialization) of mall architecture.

The “Psy” Effect : Neuro-Vascular Responses to Psy’s YouTube Videos

2015 ◽  
Vol 30 (2) ◽  
pp. 75
Author(s):  
Seungeun Yang ◽  
Eun-Ju Lee ◽  
Seung-Ho Paik ◽  
Beop-Min Kim
Keyword(s):  
Vascular Responses ◽  
Youtube Videos

Die Wirklichkeit des Sittlichen

2008 ◽  
Vol 2008 (2) ◽  
pp. 209-234 ◽  
Author(s):  
Wolfgang Kersting
Keyword(s):  
Social Environment ◽  
Moral Philosophy ◽  
Discourse Ethics ◽  
Moral Knowledge ◽  
Moral Principle ◽  
Pure Reason ◽  
Kantian Ethics ◽  
Hermeneutic Approach ◽  
The Given ◽  
Moral Convictions

Within the Kantian ethics consciousness of the moral principle is a fact of reason which cannot be grounded in any antecedent data, empirical or rational. Hegel however argues that the fact of reason is necessarily embedded in the fact of „Sittlichkeit“, that a pure reason is an empty and chimerical construction, that moral knowledge is unavoidably rootet in the contingent moral convictions of the given cultural and social environment. This essay defends Hegel’s critique of Kant’s moral philosophy and – by generalizing Hegel’s hermeneutic approach – sketches the outlines of an explicatory concept of ethics which contradicts the scientistic understanding of moral philosophy characteristic for Kant, the utilitarianism and the supporters of discourse ethics likewise.

The Specific Features of Public Relations Maintained by Libraries, Acting as Cultural Institutions

2020 ◽  
Vol 4 (1) ◽  
pp. 145-152
Author(s):  
Radosław Molenda
Keyword(s):  
Social Media ◽  
Public Relations ◽  
Social Environment ◽  
Review Article ◽  
Cultural Institutions ◽  
Negative Stereotypes ◽  
The Public ◽  
The Social ◽  
Public Consciousness ◽  
Significant Question

Showing the specificity of the work of the contemporary library, and the variety of its tasks, which go far beyond the lending of books. The specificity of the library’s public relations concerning different aspects of its activity. The internal and external functions of the library’s public relations and their specificity. The significant question of motivating the social environment to use the offer of libraries, and simulta-neously the need to change the negative perception of the library, which discourages part of its poten-tial users from taking advantage of its services. The negative stereotypes of librarians’ work perpetuated in the public consciousness and their harmful character. The need to change the public relations of libra-ries and librarians with a view to improving the realization of the tasks they face. Showing the public relations tools which may serve to change the image of librarians and libraries with particular emphasis on social media. This article is a review article, highlighting selected research on the librarian’s stereo-type and suggesting actions that change the image of librarians and libraries.

TURN TAKING STRATEGIES IN POLITICAL DEBATES

2020 ◽  
Vol 2 (2) ◽  
pp. 56-63
Author(s):  
Desi Dwi Natalia ◽  
Fajar Subekti ◽  
Ni Ketut Mirahayuni
Keyword(s):  
Dominant Strategy ◽  
Political Debates ◽  
Communication Mechanism ◽  
Turn Taking ◽  
Youtube Videos ◽  
Presidential Debate ◽  
Descriptive Qualitative

This article reports on two separate studies—Natalia (2019) and Subekti (2019)—on  communication mechanism in political debates. Specifically these studies focus on turn taking strategies adopted in political debates by political figures during their campaign for presidency or in dealing with specific issues. Both studies adopted Stenstrom’s (1994) classification of turn taking strategies which include three main strategies: taking the turn, holding the turn, and yielding the turn, each of which was further specified into more specific strategies. The data were two Youtube videos: first, Trump and Clinton First Presidential Debate 2016 (36 minutes 22 seconds [Natalia, 2019]) and second, BBC World Debate “Why Poverty”November 30,2012 (47 minutes 16 seconds, [Subekti, 2019]). Employing descriptive qualitative, with the aim of analyzing turn taking strategies adopted in the debates, both studies found interesting points: first, Stenstrom’s three strategies appeared in the debates; second, taking the turn strategy was the dominant strategy, followed by holding the turn strategy and the least used one was yielding to turn; and third, interruption which was a specific type of taking the turn strategy seems to be most often used in the debater’s attempt to maintain the turn and present their points and thus dominate the debate.

Socio-economic analysis of cybercrime

Law and World ◽  
2020 ◽  
Vol 6 (2) ◽  
pp. 145-157
Keyword(s):  
Economic Analysis ◽  
Economic Damage ◽  
Legal Assistance ◽  
International Policy ◽  
Mutual Legal Assistance ◽  
Interstate Cooperation ◽  
Proper Functioning ◽  
Digital Era ◽  
Internet Resources ◽  
Proceeds Of Crime

In the presented article, the author analyzes socio-economic damage caused and expected as a result of cybercrime, a global and transnational threat. In parallel, with the development of technology and the growing dependence of the population on internet resources in the digital era, there are discussed dangers of blooming opportunities for cybercriminals and harm imposed by their actions. Taking into account the scale of the proceeds of crime, the author of the article presumes that cybercrime has formed into organized criminal business and has become a threat not only to the security of states and proper functioning of their institutions but also to the property and assets of citizens and enterprises, banks and fund institutions. According to the author, even the rules implemented by countries with a strong economy and developed technologies, and the refinement/ development of methods to combat this crime, will not bring results and will not be effective, since cybercrime is global and transnational by its nature. To accomplish the goals effectively, response to this challenge should be comprehensive, based on unified, well-established international policy. This only can be achieved through close interstate cooperation and instant (bypassing bureaucratic formalism) mutual legal assistance.

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